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Corrine Sparks
Born
Loon Lake, Nova Scotia
Nationality Canadian
Alma mater
  • Mount Saint Vincent University
  • Schulich School of Law
Occupation
  • Lawyer
  • Judge
Years active 1979—2021
Known for
  • First black woman judge in Canada
  • First black judge in Nova Scotia

Corrine Sparks is a Canadian judge. She made history as the first Black Canadian woman to become a judge in Canada. She was also the first Black judge in the province of Nova Scotia. A famous case she oversaw, R v S (RD), was first overturned but then upheld by the Supreme Court of Canada. This decision helped define what "reasonable apprehension of bias" means in court.

Becoming a Judge: Corrine Sparks' Journey

Corrine Sparks grew up near Loon Lake, Nova Scotia. This community had a history of being separated by race. Her family came from Black Loyalists and Black Refugees. These were people of African descent who settled in Nova Scotia long ago.

In 1971, Sparks started studying at Mount Saint Vincent University. She planned to be a history teacher, majoring in economics. While in university, she volunteered at the Department of Justice. She also worked for the Nova Scotia Human Rights Commission in the summer. These experiences made her think about becoming a lawyer.

She was accepted into The Schulich School of Law at Dalhousie University. In her class of 120 students, she was one of only three African Nova Scotians. She was also the only Black woman. Sparks earned her law degree in 1979.

After law school, Sparks started her own law practice in Dartmouth, Nova Scotia. She focused on family law. Her firm, which she ran with Helen Foote, was the first law firm in Nova Scotia run only by women.

In 2001, Sparks went back to Dalhousie Law School. She earned a Master of Laws (LL.M.) degree. Her master's paper was about the history of Africville. This was a Black community in Halifax that was moved. Her paper looked at how the residents should be compensated.

Corrine Sparks' Impactful Career

On March 27, 1987, Corrine Sparks was appointed to the family court in Halifax. This made her the first Black woman to become a judge in Canada. She was also the first Black judge in Nova Scotia. J. Michael MacDonald, a top judge in Nova Scotia, noted that courts were slowly becoming more like the communities they served. This was thanks to the new Canadian Charter of Rights and Freedoms.

The R v S (RD) Case and Bias

In 1995, Judge Sparks heard a case called R v S (RD). A 15-year-old Black teenager was accused of an incident involving a police officer. Judge Sparks found the teenager not guilty. In her decision, she mentioned the "prevalent attitude of the day." This meant she considered the social context of the time.

Legal experts later explained her finding. They said that police officers had sometimes overreacted when dealing with non-white people. Because of this, some of the teenager's claims were believable. The Crown (the prosecution) had not proven the accusations beyond a reasonable doubt.

The Crown appealed Sparks' decision. They argued that Judge Sparks might have been biased. They said that as a Black Nova Scotian, she might have favored the Black Nova Scotian teenager. This appeal caused a lot of discussion. It was aimed at the first Black woman judge in Canada. At that time, she was also the only Black female judge in Nova Scotia. She was also the most senior woman and only racialized minority judge in the province's family court.

The first appeal succeeded, and Sparks' decision was overturned. But the case went to the Supreme Court of Canada. In 1997, the Supreme Court reversed the appeal court's decision. They restored Judge Sparks' original ruling.

This case is very important for understanding fairness in the Canadian justice system. It helped clarify what "reasonable apprehension of bias" means. Some experts noted that the appeal against Sparks suggested two things. First, that noticing racial bias in the legal system meant a judge was not impartial. Second, that judges might be more sympathetic to people of the same ethnicity.

This case showed how a judge's background can connect to their legal decisions. Judges have since argued that white judges are not accused of bias as often. This does not mean white judges are never biased. Instead, it shows how much bias against non-white people existed in the Canadian justice system at the time.

Working for Fairness in Law

Throughout her career, Corrine Sparks worked to make Canadian law fairer for everyone. In 1993, she was part of the Gender Equality Task Force. This group was from the Canadian Bar Association. Sparks also taught at the Commonwealth Judicial Education Institute. There, she trained judges on social context issues.

Awards and Retirement

In 2015, Sparks was honored by the Bertha Wilson Honour Society. This society recognizes alumni of the Schulich School of Law. It is named after Bertha Wilson, the first woman on the Ontario Court of Appeal and the first female Justice of the Supreme Court of Canada.

Sparks also received the Lillian Fish Award. This was from the National Association of the Women and the Law. She also got awards from the Elizabeth Fry Society, the Canadian Bar Association, and The Congress of Black Women.

After more than 34 years as a judge, Corrine Sparks retired on December 31, 2021.

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